the infliction of the proper penalty, then it is called a
statement by way of demurrer; because the arguing of the case appears
to stand in need of a demurrer and also of some alteration. And
some one or other of these sorts of statement must of necessity be
incidental to every cause. For if there be any one to which it is not
incidental, in that there can be no dispute at all; on which account
it has no right even to be considered a cause at all.

And a dispute as to fact may be distributed over every sort of time.
For as to what has been done, an inquiry can be instituted in this
way--"whether Ulysses slew Ajax;" and as to what is being done, in
this way--"whether the people of Tregellae are well affected towards
the Roman people;" and as to what is going to happen, in this way--"if
we leave Carthage uninjured, whether any inconvenience will accrue to
the republic."

It is a dispute about a name, when parties are agreed as to the fact,
and when the question is by what name that which has been done is to
be designated. In which class of dispute it is inevitable on that
account that there should be a dispute as to the name; not because the
parties are not agreed about the fact, not because the fact is not
notorious, but because that which has been done appears in a different
light to different people, and on that account one calls it by one
name and another by another. Wherefore, in disputes of this kind
the matter must be defined by words, and described briefly; as, for
instance, if any one has stolen any sacred vessel from a private
place, whether he is to be considered a sacrilegious person, or a
simple thief. For when that is inquired into, it is necessary to
define both points--what is a thief, and what is a sacrilegious
person,--and to show by one's own description that the matter which
is under discussion ought to be called by a different name from that
which the opposite party apply to it. IX. The dispute about kind
is, when it is agreed both what has been done, and when there is
no question as to the name by which it ought to be designated; and
nevertheless there is a question of what importance the matter is, and
of what sort it is, and altogether of what character it is; in this
way,--whether it be just or unjust; whether it be useful or useless;
and as to all other circumstances with reference to which there is any
question what is the character of that which has been done, without
there being any dispute